USPTO Patents Application 10597633

PATENT COOPERATION TREATY

From the

INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

To:

PAUL FENSTER

FENSTER & COMPANY, INTELLECTUAL PROPERTY LTD.
P.O BOX 10256

PETACH TIKVA. ISRAEL 40^™* ^

2 1 OCT 2008

FILE NO ^M2=^

PCT

NOTIFICATION OF TRANSMITTAL OF
INTERNATIONAL PRELIMINARY
REPORT ON PATENTABILITY
(Chapter Ii of the Patent Cooperation Treaty)

(PCT Rule 71. 1)

Applicant's or agent's file reference
414/05078

I FiLfc MO TL D ^te of mailing ft A Af-fA 7fift#

q x t p H K U C Hi 1 S 9 f 1JJ L a^ /ffZO " //? ^ ggr > ^ " Our ^UUO

IMPORTANT NOTIFICATION

International application No.

PCT/IL06/0014O

International filing date (day/month/year)
05 February 2006 (05.02.2006)

Priority date (day/month/year)
04 February 2005 (04.02.2005)

Applicant

MOTORIKA, INC.

1. The applicant is hereby notified that this International Preliminary Examining Authority transmits herewith the

international preliminary report on patentability and its annexes, if any, established on the international application.

2. A copy of the report and its annexes, if any, is being transmitted to the International Bureau for communication to ail
the elected Offices.

3. Where required by any of the elected Offices, the International Bureau will prepare an English translation of the
report (but not of any annexes) and will transmit such translation to those Offices.

4. REMINDER

The applicant must enter the national phase before each elected Office by performing certain acts (filing translations
and paying national fees) within 30 months from the priority date (or later in some Offices)(ArticIe 39(l))(see also
the reminder sent by the International Bureau with Form PCT/IB/301).

Where a translation of the international application must be furnished to an elected Office, that translation must
contain a translation of any annexes to the international preliminary report on patentability. It is the applicant's
responsibility to prepare and furnish such translation directly to each elected Office concerned.

For further details on the applicable time limits and requirements of the elected Offices, see Volume II of the PCT
Applicant 's Guide.

The applicant's attention is drawn to Article 33(5), which provides that the criteria of novelty, inventive step and
industrial applicability described in Article 33(2) to (4) merely serve the purposes of international preliminary
examination and that "any Contracting State may apply additional or different criteria for the purposes of deciding
whether, in that State, the claimed invention is patentable or not" (see also Article 27(5)). Such additional criteria
may relate, for example, to exemptions from patentability, requirements for enabling disclosure, clarity and support
for the claims.

Name and mailing address of the IPEA7 US

' Authorized officer

Mail Stop PCT, Attn; IPEA/US jf,
Commissioner for Patents -^TV

^MICHAEL BROWN AM^M^^

P.O. Box 1450 f\
Alexandria, Virginia 223 13-1450 / I

Telephone No. 571-27^4972

Facsimile No. (571) 273-3201 / /

Form PCT/IPEA/416 (January 2004)

PATENT COOPERATION TREATY

PCT

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

(Chapter II of the Patent Cooperation Treaty)

(PCT Article 36 and Rule 70)

Applicant's or agent's file reference
414/05078

FOR FURTHER ACTION

See FormPCT/IPEA/416

International application No.
PCT/IL06/O014O

International filing date (day /month/year)
05 February 2006 (05.02.2006)

Priority date (day /month/year)
04 February 2005 (04,02.2005)

International Patent Classification (IPC) or national classification and IPC

IPC: A61H 1/00(2006.01)
USPC: 601/5

Applicant
MOTORIKA, INC.

1.

2.
3.

This report is the international preliminary examination report, established by this International Preliminary
Examining Authority under Article 35 and transmitted to the applicant according to Article 36.

This REPORT consists of a total ofT5_ sheets, including this cover sheet.
This report is also accompanied by ANNEXES, comprising:

a, LJ (sent to the applicant and to the International Bureau) a total of _

sheets, as follows;

b. □

j~~| sheets of the description, claims and/or drawings which have been amended and are the basis of

this report and/or sheets containing rectifications authorized by this Authority (see Rute 70.16

and Section 607 of the Administrative Instructions).
| | sheets which supersede earlier sheets, but which this Authority considers contain an amendment

that goes beyond the disclosure in the international application as filed, as indicated in item 4 of

Box No. I and the Supplemental Box.
(sent to the International Bureau only) a total of (indicate type and number of electronic carrier(s))

, containing a sequence listing and/or tables related thereto, in electronic form only, as

indicated in the Supplemental Box Relating to Sequence Listing (see Section 802 of the
Administrative Instructions),

4. This report contains indications relating to the following items:

Basis of the report
Priority

Non-establishment of opinion with regard to novelty, inventive step and industrial
applicability

Lack of unity of invention

Reasoned statement under Article 35(2) with regard to novelty, inventive step or
industrial applicability; citations and explanations supporting such statement

Certain documents cited
Certain defects in the international application
Certain observations on the international application

Box No. I

□

Box No. II

□

Box No. Ill

n

Box No. IV

Box No. V

□

Box No. VI

□

Box No. VII

Box No. VIII

Date of submission of the demand

02 April 2QQ7 (02.Q4.2Q07)

Name and mailing address of the IPEA/ US
Mail Stop PCT Attn: IPEAAJS
Commissioner for Patents
PO Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (571) 273-3201

Form PCT/lPEA/409 (cover sheet)( April 2007)

Date of completion of this report
19 August 2008 (19.08.2Q0S)

Authorized officer
^MICHAEL BROWN

Telephone No. 571-272-4972

1

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

International application No.
PCT/IL06/00140

Box No. I Basis of the report

1 . With regard to the language, this report is based on;

[X] the international application in the language in which it was filed.

[~~| a translation of the international application into English , which is the language of a translation furnished for the
purposes of:

j | international search (under Rules 12.3(a) and 23.1(b))

I | publication of the international application (under Rule 1 2.4(a))

I | international preliminary examination (under Rules 55.2(a) and/or 55.3(a))

2. With regard to the elements of the international application, this report is based on (replacement sheets which have been furnished
to the receiving Office in response to an invitation under Article 14 are referred to in this report as "originally filed'' and are not
annexed to this report) :

^ the international application as originally filed/furnished

y\ the description:

pages 1-117 as originally filed/furnished

pages* NONE received by this Authority on

pages* NONE received by this Authority on

^ the claims:

pages 1 18-122 as originally filed/furnished

pages* NONE as amended (together with any statement) under Article 19

pages* NONE received by this Authority on ,

pages* NONE received by this Authority on

iX| the drawings:

pages 1-43 as originally filed/furnished

pages* NONE received by this Authority on

pages* NONE received by this Authority on

| | a sequence listing and/or any related table(s) - see Supplemental Box Relating to Sequence Listing.

3. Q The amendments have resulted in the cancellation of:

| | the description, pages

| 1 the claims, Nos.

I j the drawings, sheets/figs „

| j the sequence listing (specify):

Q any table(s) related to the sequence listing (specify):

| | This report has been established as if (some of) the amendments annexed to this report and listed below had not been made,
since they have been considered to go beyond the disclosure as filed, as indicated in the Supplemental Box (Rule 70.2(c)).

I j the description, pages

I | the claims, Nos.

| | the drawings, sheets/figs n

| | the sequence listing (specify):

| | any table(s) related to the sequence listing (specify):

5. Q This report has been established taking into account the rectification of an obvious mistake authorized by or notified to this

Authority under Rule 91 (Rule 70.2(e)).
* If item 4 applies, some or all of those sheets may be marked "superseded "

Form PCT/IPEA/409 (Box No. I) (April 2007)

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

International application No.
PCT/IL06/OOI40

Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial

applicability; citations and explanations supporting such statement

1. Statement

Novelty (N)

Claims 1-49

YES

Claims NONE

NO

Inventive Step (IS)

Claims 1-49

YES

Claims NONE

NO

Industrial Applicability (FA)

Claims 1-49

YES

Claims NONE

NO

2. Citations and Explanations (Rule 70.7)

Claims N49 meet the criteria set out in PCT Article 33(2)-(4), because the prior art does not teach or fairly suggest a plurality of brakes
thai selectively advance to make contact with a surface causing friction and variable resistance in three degrees of freedom.

NEW CITATIONS

Form PCT/IPEA/409 (Box No. V) (April 2007)